Friday, January 11, 2013
Jan. 24: ND state meeting scheduled to discuss drilling on Killdeer Mountain and state trust lands Posted by Jodi Rave
Press Releases — January 11, 2013 9:49 am
Jan. 24: ND state meeting scheduled to discuss drilling on Killdeer Mountain and state trust lands
Posted by Jodi Rave
Contact: Anne Marguerite Coyle Biological Consultant/Researcher PI – ND Golden Eagle Project Phone: (701) 260-3753
Email: flyfreege@aim.com
PRESS RELEASE
Meeting Regarding Killdeer Mountain and State Trust Lands
Re: Spacing Unit Sections 25 and 36, T146N, R97W; NDIC Case No. 18618
January 9, 2013: Those concerned about the future of the Killdeer Mountain and state trust lands in North Dakota are encouraged to attend a January 24th meeting before the North Dakota State Industrial Commission.
Currently, the Hess Corporation has proposed drilling eight wells on the west side of the Killdeer Mountain along the southern boundary of state trust lands (state school lands) south of the Killdeer Mountain State Management Area. Interest groups including the Killdeer Mountain Alliance, Tribal members, and scientists are requesting the proposed wells be relocated two miles south. The relocation will allow Hess to access oil while minimizing the impact on human safety and loss of invaluable wildlife habitat and sacred lands.
Archaeology consultant and researcher, Dr. Richard Rothaus, identified artifacts located at or near the proposed drill sites. He said, “Thousands of Native Americans gathered at Killdeer each year, at least150 Native Americans were killed at the Killdeer Mountain Battle. We do not know where they were buried.” North Dakota State Historical Society archaeologists have confirmed the sites discovered by Rothaus, and determined that section 36 has high potential for archaeology.
Dakota Goodhouse, tribal historian of the Hunkpapa Lakota and Yanktonai Dakota tribes, documented the Killdeer Mountain history and cultural in an article, Taĥċ a Wakutė pi : Whe re They Ki l l ed Dee r . Goodhouse describes the sacred significance of the Mountain Landscape, including the Medicine Hole and surrounding hunting grounds to many American Indian Tribes.
“Local landowners also value the culture of the area,” said landowner Rob Sand. Some families have personal collections of artifacts. Dickinson State University’s Theodore Roosevelt Center houses an extensive collection donated by the Dvirnak family.
These state lands are part of the Killdeer Mountain Battle Field, as described in a Report published by the National Park Service which states “it is a good candidate for comprehensive preservation.” It is listed as “most at-risk” of the North Dakota Battlefields because of proposed large-scale oil development.
“Habitat loss and fragmentation is shown to adversely impact wildlife populations”, said Dr. Marguerite Coyle, landscape ecologist and eagle researcher. Coyle states, “The state trust lands provide prime wildlife habitat for recreation and hunting. Nearly all of North Dakota is open to oil development and state lands in North Dakota have little enforceable protection. North Dakota can learn from other oil states such as Colorado, Alaska, and Montana that do have more responsible management.”
Landowners in the oil patch who would like to have state’s support to protect natural resources on their property. These lands are also important for other fiduciary purposes such as hunting, ranching, and tourism.
Loren and Lori Jepson’s ranch is located on the north end of Section 1, directly south of the proposed well sites. Loren Jepson holds the grazing lease for the state lands. Represented by Attorney Tom Gehrz, with Mackoff Kellogg law firm of Dickinson, Loren and his son presented testimony opposing the drilling on Section 36 during an October 24th Oil and Gas Division hearing.
Lori Jepson, a health care provider in Killdeer, and Rob and Mary Sand, initiated the Killdeer Mountain Alliance.
The North Dakota Industrial Commission will present their decision on NDIC Case No. 18618 on January 24th, at the State Capitol. The meeting time will be posted at nd.gov/ndic near the meeting date. The meeting is open to the public. Those unable to attend the meeting should contact the NDIC [PHONE AND EMAIL].
###
More contacts:
Richard M. Rothaus, PhD Archaeologist
Trefoil: President and Principal Investigator Minnesota: 1965 W. Highview Dr.. Sauk Rapids, MN 56379
Phone: (320) 761-9090
Email: rothaus@trefoilcultural.com
Dakota Goodhouse
North Dakota Humanities Council (701) 255-336
dakota@ndhumanities.org
Loren and Lori Jepson Address: 11430 Main St Killdeer, ND 58640
Phone: (701)863-6653
e-mail: lorijepson@ndsupernet.com (701) 863-6653
Robert E. and Mary H. Sand 93 112th Avenue NW Killdeer, ND 58640
(701) 863-7263
e-mail: killdeermtn@gmail.com
Gerard Baker Retired National Park Service -Superintendent Elder Tribal Member -Mandan-Hidatsa (605)666-5481
gandmkbaker@gmail.com
Pushing limits of technology
Pushing limits of technology
A group dedicated to preserving the archaeology and spirit of the Killdeer Mountains battlefield area wants Hess Corporation to stay farther away and push the outer limits of directional drilling.
Hess is planning eight oil wells on a state school land section on the southwest side of the Killdeer Mountains, in an area near where a famous U.S. Army and Plains Indian battle was waged in 1864.
The state Industrial Commission will hear the case Jan. 24. Four wells are already permitted; four will be reviewed.
The Killdeer Mountain Alliance wants Hess to move the wells two miles south onto private land and send out four-mile-long lateral legs to tap the oil under the school land section.
Rob Sand, a Killdeer Mountains landowner, said emerging drill technology could help.
“We’re told that four-mile laterals are possible,” Sand said.
Lateral approach
The longest lateral drilling in the Bakken formation are three-mile laterals by EOG Resources in the Van Hook arm of Lake Sakakawea, according to the state Department of Mineral Resources.
Oil companies first drill two miles down into the Bakken formation and then laterally two miles along the oil-bearing shale.
Three miles is the outer lateral limit in the Bakken so far, and even if drilling could laterally extend four miles, the state and Hess would have to create a four-section spacing unit, said state Land Commissioner Lance Gaebe.
“If they (Hess) want to get (at) them from someplace else, that would be great,” Gaebe said. “It’s not too late to ask for a larger spacing unit.”
He said it’s up to the Department of Mineral Resources and its Oil and Gas Division, not him.
In a statement, Hess said it’s aware of concerns about the well location and has addressed them.
“The wells under consideration are presently being reviewed by the Industrial Commission through their normal process, which provides the community the opportunity to present their concerns so as to ensure a balanced decision,” the statement said.
Gaebe said the State Historical Society identified some archaeological issues on the unit so drilling locations were moved to the south end of the section.
He wants Hess to have an archaeologist on site in case any other artifacts are encountered, and he said if they are, operations must stop.
Sacred land
The state school land section was originally leased for $315 an acre, plus one-eighth royalty to Orion Energy Partners. It was transferred a year later, in 2008, to Hess. The lease is already held by production.
The Killdeer Mountain Alliance, of which Sand is a member, says the mountains are sacred to the Plains Indians because of the battle, in which more soldiers were assembled against them than at Custer’s Battle of the Little Bighorn, and because of burials and the legendary Medicine Hole on top of the mountains.
The alliance says artifacts have been located at and near the proposed drill sites and the school section has a high potential for archaeology.
“I hope the state will be a friend in this. They ought to be, to a natural heritage area,” Sand said. “They should not roll over, take the minerals and not care what the land means to people.”
Monday, January 7, 2013
Taĥċa Wakutėpi: Where They Killed Deer
MONDAY, JANUARY 7, 2013
Taĥċa Wakutėpi: Where They Killed Deer
A golden eagle at sunset at the place where they killed deer.
The song of coyotes hauntingly fills the air on a gentle midsummer’s eve. The trees, a mix of ash and cottonwood grow in clusters, but it’s the cottonwood trees which sway and shush the world. Crickets take up their hum in the twilight where the cicadas left off theirs in sunlight.
Aeries of golden eagles and hawks remind the meadowlarks and rabbits to keep a wary eye on the skies. One golden eagle circles lazily above me and I take it as a good sign, my prayers will be carried, and I pause a moment to remember my grandparents.
The sunset, from the plateau of Killdeer Mountain. At the bottom of this image is the entrance to Medicine Hole. The wind exhaling the cave created a faint whistle.
At the very top of the plateau is a cave, an entrance into the heart of grandmother earth. Medicine Hole. Since the days of warriors and legend the Nu’Eta (Mandan ) have called the mountain Bah-eesh, the Mountain That Sings. By day, like a great inhalation, the wind rushes into the deep embrace of the earth and at night like a long sigh the wind comes out with a whistle, and if one listens carefully, the song of the earth.
The breathing earth. The singing earth. To the Lakota what has breath has spirit, and the earth is a living breathing being, a grandmother. It is a reminder that we human beings belong to the earth. The earth doesn’t belong to people. In the Lakota language, Lahkol’iya, the earth is called Makoċė, grandmother. And she is honored as such.
"We estimated the natural gas flame had at least a 30' vertical from where it exited the stack," said Aaron Barth, Great Plains historian and archaeologist. Photo courtesy of Aaron Barth.
At dusk, when the sun’s fire has gone below the far horizon, true night no longer arrives. The moon no longer spreads her ebon robe over the land, and her embrace becomes a memory. In the distance are oil rigs. One can literally hear the fires of industry and human ingenuity humming across the land. The unnatural firelight smothers the land in perpetual gloomy twilight.
The site known today as the Killdeer Battlefield near Killdeer, ND, is known primarily for the conflict which occurred on June 28, 1864. On that day, General Sully led a command of 4000 soldiers in the last days of his Punitive Sioux Campaign in retaliation for the Minnesota Dakota Conflict of 1862. The village of Lakota and Dakota which Sully attacked had little to nothing to do with the 1862 conflict. The Teton and Yanktonai who were present had actually fought under Colonel Leavenworth’s command in the Arikara War of 1823.
General Sully’s assault continued into the evening and night with a hail of cannon volley.
The attack on the Lakota and Dakota camp from Sully's perspective.
Killdeer is designated a North Dakota State Historical Site and is valued for its contribution to the story of the state. The signage on site reflects the value the state has placed on the conflict. While there is nothing wrong with valuing, protecting, and interpreting the site as a battlefield, the story of the site as a hunting place, the story of the site as a spiritual place goes largely untold, and maybe that’s how it should be. But these are different days and the site should be preserved for more than the tragedy that occurred there.
The site was maintained by the North Dakota Department of Parks and Recreation at one time and shows it. Like Whitestone Hill, old picnic tables and a weathered playground await visitors. It’s an odd sight and it’s something that wouldn’t be seen at places like Gettysburg . A visit to a battlefield should be for reflection, not recreation.
Killdeer, or Taĥċa Wakutėpi, was more than just a place where they killed deer. Young Lakota and Dakota men would ascend the hill for prayer and reflection in the ceremony called Haŋblėċiyė, Crying For A Vision. They would mentally, emotionally, physically and spiritually prepare far in advance for their spiritual pilgrimage. The site for their quest also determined long in advance. Their quests generally lasted four days on the hill or mountain, standing, kneeling or sitting while they prayed through cold rain, blistering heat, and desperate thirst to humble themselves before the creator. Killdeer was and still is a special place for prayer and reflection.
For the Lakota, ceremonies began a long time ago. “Ceremonies are forever,” says Cedric Goodhouse, an Uncapa Lakota on the Standing Rock Sioux Indian Reservation, “We live a life, and all the negative statistics associated with that, are the direct result of having a void of our spirituality, being denied a right to practice where and when our ceremonies are done, appropriately.”
The Nu’Eta (Mandan Indians) have the tradition that the bison entered into the world from Medicine Hole.
They also have the tradition that the mountain was once solid and unbroken stone until the son of Foolish One was killed. The spirits who were present at the death of Foolish One’s son entered the mountain. When Foolish One took up the lifeless body of his son, he smote the mountain with his staff and clove it in two leaving the two parts broken and cracked as we know it today.
Medicine Hole is where some of the Lakota and Dakota people fled into when Sulley began his unwarranted assault. The story goes that some of the people wound their way through the labyrinth and came out west of the mountain. It’s possible. A landslide, however, now marks the western exit.
The entrance to Medicine Hole.
Medicine Hole splits into three passages. In 1973, a spelunker named Earle Dodge, determined that one passage went west for about 120 feet, another was too narrow for exploration, and a third went east about 120 feet. Another spelunker made a descent of eighty feet before extreme cold made the exploration difficult to continue.
The following day after Sully’s assault, his command destroyed all that was left behind, even the dogs, of which over 3000 were put to sleep. Children who were left behind in the hastily abandoned camp were killed.
Sully executed total war theory. Up to the Battle of Antietam, the Confederate States of America were winning the Civil War. The Union needed to win and subscribed to the total war theory of treating the civilians of the enemy as enemies. This meant the capture and imprisonment of innocent women and children, if they weren’t killed outright on the battlefield.
The success of the Union in the Civil War is directly related to the success of total war theory as demonstrated in the Punitive Campaigns of 1863 and 1864. If the site should be protected and preserved for its tragic history, then it must be argued that Killdeer holds a key to the victory of the union and must be protected.
In the summer of 1998, Isaac Dog Eagle officiated the Releasing Of The Souls ceremony at the Killdeer conflict site. The following year, he conducted the Wiping Of Tears ceremony to facilitate the healing process of people who lost family in the conflict.
Several private landowners and ranchers in and around Killdeer Mountain, many of them non-native but who have fostered a relationship with the land and want to preserve the site for its natural history, are gathering together to protect the site. A group of interested individuals are coordinating efforts to enlighten oil industry officials, and hopefully preserve the integrity of a natural site worth saving for its aesthetics as it is for the cultural traditions surrounding it.
There will be a public hearing about the preservation of Killdeer Mountain at 1:00 PM on Thursday, January 17, 2013 (or January 24, 2013) with the North Dakota Industrial Commission in the Governor’s Conference Room at the State Capital. Visit http://www.nd.gov/ndic/ or call (701) 328-3722 to inquire about the correct time and date.
Friday, December 28, 2012
Local residents oppose plan to drill near Killdeer Mountains
Local residents oppose plan to drill near Killdeer Mountains
Posted on 28 December 2012 by admin
A group of concerned Dunn County residents have joined forces with other state-wide interests to form a coalition opposing proposed drilling on public land near the Killdeer Mountains.
Posted December 28, 2012
BY JENNIFER KOCHER
The group, tentatively called the “Killdeer Mountain Alliance,” will stand together on Jan. 17, 2013, with other concerned citizens, including representatives from local tribes, to hear the North Dakota Industrial Commission’s (NDIC) final decision regarding Hess Corporation’s request to drill up to eight wells on four 1,280-acre spaced units on public school land on the SWSE of Section 25 and 36, T146N and R97W.
The drilling would take place near the 115 square mile circumference of the famed Battle of Killdeer Mountain, in which General Sully’s 3,000 troops defeated a faction of Sioux Indians, leaving between 100 and 150 casualties.
The group’s mission is not to stop the drilling in the area but rather to move it onto the tracts of land in the area that do not pose significant risks to the integrity of the land.
Local ranchers Loren and Ross Jepson originally contested the drilling of these wells at an NDIC hearing on Oct. 24. At this time, the Jepsons raised concerns about the potential overturning of historical artifacts on the land at the proposed drilling sites. They also raised questions about the safety risks posed by an increase in traffic.
“Our grandchildren wait on that corner for the school bus,” said Lori Jepson, wife of Loren. “There are several blind curves in the road and it’s a dangerous spot to see increased truck traffic.”
Because the land in question is owned by the state, as opposed to being federal land, there is no requirement for a complete archeological survey prior to drilling. Given the prospective marring of historically significant land, the state Historical Society has come out against drilling in the area.
Others, such as Anne Marguerite Coyle, also plan to attend the Jan. 14 hearing in opposition of the current proposed drilling on this state land.
Coyle, an associate professor at Jamestown College, warns against the irreversible long-terms effects of drilling in the area.
“This is a living culture. Many people still return to these sacred lands for healing and to pay reverence,” said Coyle. “This isn’t just about protecting a chunk of Civil War history; rather, it’s about protecting a valuable piece of our culture, both past and present.”
Lori Jepson concurs. Although state law requires that all drilling cease upon the discovery of historical artifacts, there is no provision in place to protect against the potential of discovery. Once the site has been overturned, there’s no going back.
“It’s important that we understand that it’s not reversible. It’s the responsibility of the state to protect our best interests,” Jepson said.
Others, such as neighbor Rob Sand, have a personal connection to the land. Sand’s parents homesteaded in the region and he and his siblings had the advantage of growing up in a pristine area rich with fond memories.
“Many of us out here feel a responsibility to protect the land,” Sand said.
The effort to preserve this area from proposed drilling also raises questions about the oil well permit process itself. According to Lori Jepson, their family was not even aware of four of the proposed drilling areas near their home until they noticed the areas had been staked, at which point they approached the NDIC to protest the location.
“We had to hire a lawyer simply for advice on how to protest,” Jepson said. “The oil companies have a team of expert witnesses and we were not aware that we needed them to voice our objections and have them taken seriously.”
“It might be too late for us,” Jepson said. “But it’s important that others know what they need to do if they find themselves in the same boat.”
A representative from the NDIC was not available for comment. The case is scheduled to go before the commission in Bismarck on Jan. 17, 2013, and the public is invited to attend.
Labels:
Anne Marguerite Coyle,
Civil War,
Killdeer Mountains,
Loren Jepson,
Lori Jepson,
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Sunday, November 18, 2012
Local people on the ground are experts, too
Local people on the ground are experts, too
November 18, 2012 2:00 am • By LORI JEPSON/Killdeer
(0) Comments
The economic boom North Dakota is experiencing comes at a cost.
Dollars are flowing within communities as well as out of state. The monetary impact has been well documented, but we need to give as much consideration to the negative impact.
We recently protested the proposed drilling on Killdeer Mountain — referring to Case # 18618, Section 36 T.146 R.97W. When meeting with the state Industrial Commission, there are dramatic aerial photos of well sites in North Dakota. This global view brought to mind the task of bomber pilots looking over the horizon, dropping their bombs without full knowledge of the destruction that takes place on the ground.
Our contributions to the hearing on Oct. 24 were limited due to our lack of expert witnesses in the areas of topography, transportation, archeology, fire services and wildlife management. As local residents, we experienced a sense of helplessness.
John Morrison, legal representative for Hess Oil Corporation, termed letters from the Killdeer school superintendent and area residents and testimony my husband and son as hearsay. He asked that it be removed from the record.
Expert witnesses for the Hess Corporation noted that the oil pad location was selected due to serious topographic issues and the selected placement would maximize economic recovery, prevent waste, prevent unnecessary drilling of wells and preserve the pristine environment. These statements, although noble, are reiterated verbatim at the close of each proposal put before the board. Due to the repetition, one could consider this lip service rather than due concern.
Morrison was able to provide expert witnesses by phone that were unable to answer direct questions from the oil and gas commission members.
We, as non-experts, can address all of the issues promised by the oil field expert. The local school superintendent, Gary Wilz, my husband and son were able to identify serious topographic issues that dealt with the already hazardous mountain road, multiplied by the dramatic increase in traffic drilling would bring. The concern is for all the individuals driving on the roads, and especially for the safety of the children waiting at that intersection for the school bus.
As an adjacent landowner, my husband has leased the proposed property for his ranching operation and is well aware of the topography. He has valid concerns as to how fire would be managed because the staked sites eliminate ready access from the south over the rocky terrain.
As local hunters, my husband and son realize that the wildlife travel pattern from Game and Fish Department land to school land, both which are open to the public, would be disrupted. This directly impacts wildlife habitat and hunting opportunities for North Dakota hunters.
With the location of the proposed well sites, it would be impossible to maintain the pristine environment that is home to eagles, deer, and other Western wildlife. This area, now open to photographers, hikers, and bird watchers would be irreparably altered. Economic recovery was duly noted, but we ask that the Industrial Commission consider local industries — farming, ranching, tourism and hunting — as well as the oil recovery as economic gain for North Dakota.
With alternative sites reviewed, our question for the Industrial Board would be: “Who looks out for the interest of North Dakotans?”
The Game and Fish Department would like to minimize wildlife fragmentation. State archaeology and historical societies strive to preserve important parts of American heritage. Politicians set policy to prevent the destruction of our land and our way of life. They must preserve a state that we want to live in.
County commissioners struggle to maintain passable road conditions. Local fire and ambulance volunteers are stretched to the limit responding to increasing emergencies. The list is endless.
It is our hope that this protest creates a collaborative decision-making policy and that this area would, too, be considered worthy of further attention.
(Lori Jepson is a ranch wife, local health care provider and Dunn County resident.)
Saturday, November 17, 2012
Parts of North Dakota can be saved
Published November 17, 2012, 12:00 AM
Letter: Parts of North Dakota can be saved
The economic boom that North Dakota is experiencing is at a cost.
We recently protested drilling on the Killdeer Mountains in front of the Industrial Commission.
The global view depicted in the dramatic aerial rig photos in the hearing room does not represent what takes place on the ground.
Our contributions to the hearing in October were limited due to lack of expert witnesses in the areas of topography, transportation, archeology, fire services and wildlife management. As local residents, we experienced a sense of fatigued frustration.
A lawyer for Hess Corp. asked that letters of support and testimony be disregarded as hearsay.
Expert witnesses from Hess Corp. were unable to answer basic questions brought forth by the Industrial Commission. They noted that the oil pad locations were selected due to serious topography issues and the selected placement would maximize the economic recovery, prevent waste, prevent unnecessary drilling and preserve the pristine environment.
These statements, however noble, are reiterated verbatim at the close of each proposal leading me to think they are lip service rather than real concern.
As non-experts, we can address the statement promised by the experts.
School Superintendent Gary Wilz, my husband and son identified serious topographic issues with the road.
The intersection is partially blind and the grade steep. The hazard would be multiplied by the dramatic increase in traffic with the proposed well sites for all travelers and especially for children waiting at this intersection for the bus.
Currently, staked sites would prevent easy access for fire control. The number and proposed sites would affect wildlife habitat. This school land is open to the public and would be irreparably altered.
Economic recovery was noted, but we asked the commission to consider local industry: ranching, farming, tourism, hunting as well as oil recovery as economic gain for North Dakota.
With alternate sites reviewed, our question to the board would be — who looks out for the interest of North Dakotans.
Conversations with Game and Fish, the Historical Society and legislators lead me to believe that we can save parts of North Dakota. Hopefully this protest creates a more collaborative decision-making policy and that this area would be considered worthy of further attention.
Lori Jepson, Killdeer
The global view depicted in the dramatic aerial rig photos in the hearing room does not represent what takes place on the ground.
Our contributions to the hearing in October were limited due to lack of expert witnesses in the areas of topography, transportation, archeology, fire services and wildlife management. As local residents, we experienced a sense of fatigued frustration.
A lawyer for Hess Corp. asked that letters of support and testimony be disregarded as hearsay.
Expert witnesses from Hess Corp. were unable to answer basic questions brought forth by the Industrial Commission. They noted that the oil pad locations were selected due to serious topography issues and the selected placement would maximize the economic recovery, prevent waste, prevent unnecessary drilling and preserve the pristine environment.
These statements, however noble, are reiterated verbatim at the close of each proposal leading me to think they are lip service rather than real concern.
As non-experts, we can address the statement promised by the experts.
School Superintendent Gary Wilz, my husband and son identified serious topographic issues with the road.
The intersection is partially blind and the grade steep. The hazard would be multiplied by the dramatic increase in traffic with the proposed well sites for all travelers and especially for children waiting at this intersection for the bus.
Currently, staked sites would prevent easy access for fire control. The number and proposed sites would affect wildlife habitat. This school land is open to the public and would be irreparably altered.
Economic recovery was noted, but we asked the commission to consider local industry: ranching, farming, tourism, hunting as well as oil recovery as economic gain for North Dakota.
With alternate sites reviewed, our question to the board would be — who looks out for the interest of North Dakotans.
Conversations with Game and Fish, the Historical Society and legislators lead me to believe that we can save parts of North Dakota. Hopefully this protest creates a more collaborative decision-making policy and that this area would be considered worthy of further attention.
Lori Jepson, Killdeer
Labels:
Game and Fish,
Gary Wilz,
Hess Corp.,
Historical Society,
Industrial Commission,
Killdeer Mountains,
Loren Jepson,
Lori Jepson
Location:
Killdeer, ND, USA
Thursday, November 15, 2012
Examination of state agency roles in review of historic area by proposed 1280-acre well unit
Published November 15, 2012, 02:01 PM
THE DRILL: Examination of state agency roles in review of historic area by proposed 1280-acre well unit
When it comes to historical preservation concerns over proposed drilling at a 1,280-acre Little Knife leasing unit near the Killdeer Mountains, oil development trumps cultural and archaeological interests, because the state follows an 1988 Attorney General precedent.
By: Sid Pranke, The Drill
- Killdeer Mountain Battlefield State Historical Site
Locator map of Killdeer Mountain Battlefield State Historical Site
More...
Issued on Oct. 3, 1988, by North Dakota Attorney General Nicholas J. Spaeth, the precedent known as “Attorney General’s Opinion 88-23” can be viewed online at ag.state.nd.us/Opinions/1988/Formal/88-23.pdf.
The opinion was given at the request of James E. Sperry, who was then superintendent of the N.D. State Historical Society.
An excerpt of the opinion reads: “It is my further opinion that the Board of University and School Lands may deal with historical, archeological, paleontological artifacts and sites without supervision of the State Historical Board, when such supervision would conflict with the Land Board’s fiduciary responsibilities to trust property.”
A more commonly-used name for the “Board of University of School Lands” used today is the North Dakota Department of Trust Lands.
The opinion ends with the following statement: “This opinion ... governs the actions of public officials until such time as the question presented is decided by the courts.”
Rancher Loren Jepson, who opposes drilling near his property, as well as lease operator Hess Corp., have both hired attorneys to represent their interests in the matter, but it’s too soon to tell if the precedent will be tested in court over this case.
A recommendation by the state is expected at a Monday, Nov. 19 Industrial Commission meeting in Bismarck.
Attorney Chuck Peterson of Mackoff Kellogg Law Firm in Dickinson, who represents Jepson, said the protection of cultural interests in the area are a concern, since many Native American artifacts have been found in the area.
At the initial Oct. 24 IC Oil and Gas Division hearing, Hess Corp. legal counsel John Morrison of Crowley Fleck objected to Jepson’s claims of artifacts in the area, saying Jepson wasn’t an archaeologist or paleontologist.
In a Nov. 6 interview, North Dakota Director of Archaeology and Historic Preservation Fern Swenson said a thorough review of the 1,280-acre site has not been done, and that it would take her department at least a month to do that, given current staffing levels at the agency.
In addition, Swenson said in the past, the state has used federal grant money from the National Park Service to fund a survey of state fands such as the Killdeer area land. To receive the grant money, her department “would come up with a scope of work. We would identify some areas that needed to be surveyed,” Swenson said.
According to North Dakota State Land Commissioner at the N.D. Department of Trust Lands Lance Gaebe, neither what Swenson describes as a “thorough review” or a federally-funded survey of the land are remotely likely to take place.
When asked to comment on the information Swenson provided during an interview, Gaebe stated that it appears that he and Swenson are not on the same page.
“I guess that there’s a whole new threshold they’d (the State Historical Society) like to put in place is something that I have to evaluate,” Gaebe said. “I guess I believe that we (his department) have made those allowances based on the correspondence and the recommendations we’ve already gotten (from the Historical Society).”
Gaebe said if the State Historical Society were to make a formal request that the department needs more time to look at the Killdeer-area site, “I would say we would sure try to facilitate that review. We do site inspections and they can sure join us in those reviews. I don’t have the luxury of time in a lot of cases.”
Given the rapid pace of drilling in the state, Gaebe said he has “pressure every day from (oil) operators that want this done yesterday. Because they’ve leased these things on time frames and if they don’t have drilling activity by the end of leases, the leases go away.”
Though he dismisses the possibility of a more lengthy or federally-funded review for the Little Knife leasing unit, Gaebe defends what his department has recommended.
“We’re away from the known battlefield as far as we’re able to be and still be on the spacing unit. We’re as far away from those sites that the Historical Society identified and we’re on some of the flattest ground on that particular spacing unit,” he said. “Not to say there couldn’t be a week’s long inspection, but my point is we’ve taken great pains to avoid all the areas that we are aware of.”
Jepson’s attorney, Chuck Peterson, said his client is asking Hess Corp. to move its planned wells to a different location that is less disruptive and safer, citing traffic and dust concerns along with historical and cultural ones. Peterson said Hess Corp. needs to “address more factors than ‘this is just the easiest place’ to drill their wells. They need to consider the impact their plans have on all the people that live in the area, as well as the public who use these last remaining public lands in this area.”
Hess Corp. officials provided a comment regarding the proposed well controversy, but then retracted its statement after learning The Drill’s policy of providing specific attribution to comments. Hess Corp. wanted to attribute its comments to a “company spokesperson.”
According to Gas Business Briefing, New York-based Hess reported estimated third quarter profits of $557 million, up 87 percent from $298 million during the same period in 2011. The increase was credited to resumed operations in Libya and growing production from the Bakken. Production from the Bakken oil shale play in North Dakota increased to 62,000 barrels of oil equivalent per day, up from 32,000 in the third quarter of 2011.
http://www.bakkentoday.com/event/article/id/34406/
http://freshmojo.areavoices.com/2012/11/
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